DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarac Technologies Pty Ltd T/A Tarac Technologies
(AG2019/280)

TARAC TECHNOLOGIES 2019 ENTERPRISE AGREEMENT - WINES AND SPIRITS

Wine industry
COMMISSIONER YILMAZ	MELBOURNE, 17 JULY 2019

Application for approval of the Tarac Technologies 2019 Enterprise Agreement - Wines and Spirits.

[1] An application has been made for approval of an enterprise agreement known as the Tarac Technologies 2019 Enterprise Agreement - Wines and Spirits (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tarac Technologies Pty Ltd T/A Tarac Technologies. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 17 July 2019 and, in accordance with s.54, will operate from 24 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tarac Technologies Pty Ltd, trading as Tarac Technologies, has applied to the Fair Work Commission for the approval of the Tarac Technologies 2019 Enterprise Agreement. The agreement pertains to employees within the wines and spirits industry. The application was made in accordance with section 234 of the Fair Work Act 2009. The Fair Work Commission, led by Deputy President A R Moore, was tasked with determining whether the agreement met the requirements under the Fair Work Act.

The central legal issues before the Commission involved assessing whether the agreement was a genuine enterprise agreement, if it provided for the employees' pay and conditions, and whether it was consistent with the broader public policy framework. Specifically, the Commission had to consider if the agreement provided for the employees' pay and conditions in a manner that was consistent with the Fair Work Act. Furthermore, the Commission needed to ensure that the agreement did not undermine the rights of employees or lead to an unjustifiable detriment to employees.

The Commission found that the agreement was a genuine enterprise agreement and satisfied the requirements of the Fair Work Act. It was noted that the agreement was made in good faith, and the process of its formation was appropriate. The Commission also found that the agreement provided for the employees' pay and conditions in a manner consistent with the Act. The agreement was found to be consistent with the broader public policy framework, and it did not undermine the rights of employees or lead to an unjustifiable detriment to employees. Therefore, the Commission approved the Tarac Technologies 2019 Enterprise Agreement.

Tarac Technologies Pty Ltd T/A Tarac Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established